Our Terms of Use (the "Terms") communicates the rights and responsibilities that your usage of our website and/or mobile applications (collectively known as the "Site", or the "Service", or the "Services") constitutes. The Site is operated and maintained by SMART CODE STUDIO S.R.L. (Hereafter referred to as "OmniAssistant", "we", "our" or "us"). You enter into an agreement with SMART CODE STUDIO S.R.L.
Make sure you have read the Terms carefully before using the Service, and if you don't agree to the Terms as well our Privacy Policy, you may not use the Service. You are only allowed to use our Site if you are of legal age in your jurisdiction of residence and are able to agree and comply to the Terms.
When you create an account on the Service (your "Account"), you are fully responsible for maintaining the security of your Account and its Content (as defined below). You are also responsible for all actions taken using your Account on the Service. You have a responsibility for all content created by your Account that is accessible using the Service, such as prompts, saves, upvotes, content and more (collectively known as the "Content"). In addition to the responsibility of your security, you are also advised to instantly notify OmniAssistant in any event of unauthorized use of your Account, or any other breach of security. OmniAssistant will not be held responsible for any failings by you, including any potential damages caused as a result of such failings. Registering to use the Service, you agree to provide factual and accurate information about yourself, considered personal information. You are advised to maintain and update such information as soon as the current information could be considered untrue. You are fully responsible for the Content, and any harm resulting from that Content. By making Content available on OmniAssistant, you warrant that:
Any Content you upload, and all messages you write and receive are your property in full. OmniAssistant holds no right to use that Content for any purpose, and you are responsible to verify and maintain the accuracy and copyright and legality for the Content uploaded to or generated with the Service.
For a paid Account in which money has been transferred, OmniAssistant considers the person of which the credit card, or any other potential payment method, to be responsible. The same is demanded if a company, or other organization, has its name on the credit card, or any other potential payment method. In the event of a dispute as to the ownership of a paid Account would arise, OmniAssistant will continue to charge the most recent payment method until no more charges are needed, or written agreement is received.
The price for paid Accounts will be the price at the time of purchase, unless otherwise agreed to between the interested party and OmniAssistant. The billing will then automatically occur in advance and in the billing period agreed upon per purchase. Purchases are non-refundable. No refunds are also not available for any potential periods that the payments remained reoccurring, but the paid Account was not using the Services. OmniAssistant can at any time exercise its right to modify the price for its paid Services, upon posting a 30 day notice informing the paid Account, either through its Site, or by communication with the Account.
OmniAssistant offers auto-renewing subscriptions and consumable in-app purchases, all handled through the Apple iOS App Store. Upon paying for the paid Services, OmniAssistant will then provide the paid Services for the agreed upon period of time (hereafter known as the "Subscription Period"). At the end of every Subscription Period, the billing will automatically renew, if not explicitly cancelled by the user at least 24 hours before the end of the current billing cycle. Consumable purchases are non-refundable.
Users can manage or cancel their auto-renewing subscriptions via their iOS App Store account settings. To avoid being charged for the next subscription period, users must cancel their subscription at least 24 hours before the current period ends.
You agree that OmniAssistant is authorized to charge you for any of the following cases:
You also agree that OmniAssistant is authorized to charge you without any notice in advance. You are held responsible, and authorize us to charge you, for any uncollected fees that could occur in connection to your payment (such as an expired card or invalid payment methods while not having explicitly cancelled your subscription within the Subscription Period.
Upon purchase you immediately take responsibility for all taxes and fees associated with your purchases of the paid Services, including any sales tax related to any purchase under the Terms. It is your responsibility to determine whether or not sales taxes apply to a transaction and to collect and report the correct amounts to the appropriate authority.
In addition to all rules defined in our Terms, you agree to never attempt or exercise any of the following practices:
In addition to these Terms, your use of the App is subject to Apple's App Store Terms of Service and Privacy Policy. By using the App, you agree to comply with all applicable Apple policies.
OmniAssistant can not claim any responsibility for any damage resulting from the users use of websites and webpages not owned by OmniAssistant. This includes anything made available through the websites to which the Site links, and that link to OmniAssistant. We do not necessarily represent or endorse any of the sites to which the Site links, and that link to OmniAssistant.
If OmniAssistant, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then OmniAssistant may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. OmniAssistant has no liability to you for suspending the Service under this provision.
This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide by direct communication with OmniAssistant related to the Service or OmniAssistant or its business (hereafter referred to as "Feedback") are and will be OmniAssistant's exclusive property without any compensation or other consideration payable to you by OmniAssistant, and you do so of your own free will and volition. OmniAssistant may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative OmniAssistant may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to OmniAssistant in any Feedback and, as applicable, waive any moral rights.
For the purposes of the Terms and the Privacy Policy, "personal information" is any information about an identifiable individual, as defined in our Privacy Policy.
Your continued use of the Site and/or Services constitutes your acceptance of any changes made to these Terms during your usage. We may update these Terms from time to time so we encourage you to revisit this page regularly. OmniAssistant is not required to explicitly notify the user when changes have been made to the Terms of Use.
OmniAssistant reserves its right to terminate your access to the Services at any time, with any cause, and without notice, effective immediately. If you wish to terminate the Terms or your Account, contact us.
Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service is provided on an "as is" and "as available" basis. OmniAssistant expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.
The service is offered and controlled by OmniAssistant. OmniAssistant makes no representations that the service is appropriate or available for use in locations other than where the company operates. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Upon agreeing with these Terms, you warrant that your usage of the Services will be in strict accordance with the Terms, our Privacy Policy.
In no event shall OmniAssistant, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
In no event shall OmniAssistant's total liability to you for all damages, losses, and causes of action exceed the amount you have paid us in the past twelve months, if any.
In the event of any dispute between you and OmniAssistant where the Terms or the Service is involved, you agree that the dispute will be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.
If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.
You agree that the Terms are specifically enforceable by OmniAssistant through injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if OmniAssistant does not exercise or enforce any legal right or remedy which is contained in the Terms (or which OmniAssistant has the benefit of under any applicable law), this will not be taken to be a formal waiver of OmniAssistant's rights and that those rights or remedies will still be available to OmniAssistant.
The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned "electronic" agreement or rely on such an unsigned agreement.
If you have any questions or suggestions about our Terms of Use, do not hesitate to contact us at hello@omniassistant.app
Last updated: March 6, 2025